Legal Opinion · Dissent

Cornelison v. Commonwealth

Court of Appeals of Kentucky

Decided December 11, 1886Published

Case 78 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. X. There is no such statutory offense in Kentucky as assault and battery. If that offense exists in Kentucky, it is in virtue of the common law, and must be punished according to the common law. 2. A battery is an assault in which force is applied by material agencies to the person of another. (Stephens’ Dig. Crim. Law, art. 241; Wharton’s Am. Crim.

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Case 78 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. X. There is no such statutory offense in Kentucky as assault and battery. If that offense exists in Kentucky, it is in virtue of the common law, and must be punished according to the common law. 2. A battery is an assault in which force is applied by material agencies to the person of another. (Stephens’ Dig. Crim. Law, art. 241; Wharton’s Am. Crim. Law, sec. 017.) 3. At the common law, assault and battery was divided into two classifications — a common assault and an assault with intent to commit a felony. Each and both classes were…

1Dissent

Judge Lewis

delivered the following dissenting opinion:

Under an instruction by the court, in substance, that if they believed the defendant willfully and maliciously, with intent to beat, wound or kill Richard Reid, made an assault upon him with a' cane, stick *610or cowhide, by striking, beating or wounding him, they must find him guilty of an assault and battery, and fix his punishment by fine in any sum, or by imprisonment in the county jail for any period of time, one or both, in their discretion. The jury in this case returned a verdict of guilty, and fixed the punishment at a fine of one…

2Cases cited6 opinions

  1. Commonwealth v. HawkinsCourt of Appeals of Kentucky · 1876
  2. Commonwealth v. BrightCourt of Appeals of Kentucky · 1880
  3. Commonwealth v. MillerCourt of Appeals of Kentucky · 1837
  4. Commonwealth v. FosterCourt of Appeals of Kentucky · 1860
  5. Chandler v. CommonwealthCourt of Appeals of Kentucky · 1866

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